§ 10-269. License required; application.

(a)

In addition to obtaining an occupation tax certificate pursuant to this chapter, all persons, firms or corporations operating or desiring to operate a massage or spa establishment shall, before engaging in such trade, business or profession, make application for a license in the form and manner prescribed in this article. Applications for licenses shall be made on forms provided by the city. If the applicant is a partnership, limited liability company, corporation, or other legal entity, the application must be executed by an officer, member, partner or shareholder, as applicable, and, if a different person, the employee or agent primarily responsible for the operation of the massage or spa establishment. The applicant to operate a massage establishment must be the owner of the premises wherein the business will be conducted or the holder of a lease thereon for the period to be covered by the certificate. All applications shall contain a full and complete sworn and notarized statement by each applicant and the aforementioned persons of all material facts as determined by the city manager or designee to be relevant to the requirements of this chapter, along with the following additional information:

(1)

A signed and sworn affidavit verifying the applicant's lawful presence in the United States as required by O.C.G.A. § 50-36-1.

(2)

Copies of all required state licenses with regard to each employee, independent contractor, agent and partner, general or limited, associated with the operation of the massage therapy establishment. Those employees who will be performing massages, and/or managers or supervisors, who are exempt from getting a state license pursuant to O.C.G.A. tit. 43, ch. 24A shall comply with the work permits provision of this article, section 10-271.

(3)

If the applicant is not a sole proprietor, then the partnership, limited liability company, corporation, or other legal entity shall submit a complete list of the legal entity's (i) officers, (ii) directors, and (iii) partners, members, or shareholders (natural persons) holding a ten percent or greater ownership interest in such legal entity, or if there is no shareholder (natural person) with at least a ten percent interest, the ten shareholders with the greatest ownership interest, (iv) the name of the employee or agent primarily responsible for operation of the massage or spa establishment, and (v) the names of all on-premises managers or supervisors for the establishment. Such list shall include the names, current addresses, phone numbers and occupations of the aforementioned natural persons.

(4)

If the applicant is a partnership, limited liability company, corporation or other legal entity required to be chartered under the laws of the state or authorized by the secretary of state to do business in the state, such corporation must be chartered under the laws of the state or authorized by the secretary of state to do business in the state and must submit copies of the certificate of organization or incorporation, as applicable, and articles of organization or incorporation, as applicable.

(5)

If the applicant is an individual, the applicant must submit a copy of a valid driver's license or a valid identification card as reliable proof thereof. If the applicant is a partnership, limited liability company, corporation or other legal entity, the applicant must submit a copy of a valid driver's license or a valid identification card for each person listed in subsection (a)(3).

(6)

A sworn and notarized statement of a registered agent who is a resident of DeKalb County, Georgia and at least 18 years of age, required to be designated by a licensee to receive any process, notice or demand required or permitted by law or under this chapter to be served upon the applicant.

(7)

The applicant shall submit him/herself to a fingerprint-based background check in accordance with section 2-62 of this Code.

(b)

A license issued to an individual shall be in the name of the individual. A license issued to a partnership shall be issued in the name of the partnership, in the name of a partner or officer, and, if different from such named person, in the name of the employee or agent primarily responsible for the operation of the licensed premises. A license issued to a limited liability company shall be issued in the name of the limited liability company, in the name of one member or officer, and, if different from such named person, in the name of the employee or agent primarily responsible for the operation of the licensed premises. A license issued to a corporation shall be issued in the name of the corporation, in the name of at least one shareholder (listed pursuant to subsection (a)(3)) or officer of the corporation, and, if different from such named person, in the name of the employee or agent primarily responsible for the operation of the licensed premises.

(c)

No person, partnership, limited liability company, corporation, or other legal entity shall be granted a license for a massage or spa establishment unless it shall appear that such person, or, if the applicant is a partnership, limited liability company, corporation, or other legal entity, all persons listed in subsection (a)(3) for a period of ten years prior to the date of application for such license have not been convicted or pleaded guilty or entered a plea of nolo contendere under any federal, state or local law of any crime involving:

(1)

Illegal gambling;

(2)

Any felony, criminal trespass, public indecency, disorderly conduct, or misdemeanor involving any type of sexual-related crime;

(3)

Any theft or violence against person or property;

(4)

Any crime of possession, sale or distribution of illegal drugs;

(5)

Distribution of material depicting nudity or sexual conduct as defined under state law; or

(6)

Criminal solicitation to commit any of these listed offenses.

(d)

No person under the age of 18 shall be granted a license for a massage or spa establishment. If the applicant is a partnership, limited liability company, corporation, or other legal entity, the partnership, limited liability company, corporation or other legal entity shall not be granted a license for a massage or spa establishment if any of the persons listed in subsection (a)(3) are under the age of 18.

(Ord. No. 2011-01-04, § 1, 1-24-2011; Ord. No. 2017-01-02, § 9, 1-9-2017; Ord. No. 2018-03-01, § 9, 3-12-2018)